Finkle said:
Help! I'm at a loss here. I have been married for 9 years. And am getting ready to go through a divorce. My soon to be ex husband and I agree on everything but alimony. I spent the last 9 yrs staying home with my children, I only worked on occasion, and did not go to school. If he files it will go threw Maryland, it I file it goes threw Virginia. He claims he will not have to pay me anything because I can work and I'm capable of it. I am currently working a part time job. It doesn't pay much,but it's the best I can do right now and he makes 3 times what I do. And my 3 children live with me. I want this over with. but I don't want to hurt myself and my children in the end. What I need to know is what are my chances of getting alimony? And as for a lawyer I really do not have the money for one. He is not paying anything right now, and yes I filed for child support threw the state. I'm still waiting on it. Thanks in advance for any advice you can give.
Here is the law regrding limony in MD:MARYLAND SPOUSAL SUPPORT: Either spouse may be awarded alimony and based on the following factors: (1) the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity; (2) the standard of living established during the marriage; (3) the duration of the marriage; (3) the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support; (4) the financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently; (5) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market; (6) the contribution of each spouse to the marriage, including services rendered in homemaking, child care, education, and career building of the other spouse; (7) the age of the spouses; (8) the physical and emotional conditions of the spouses; (9) any mutual agreement between the spouses concerning financial or service contributions by one spouse with the expectation of future reciprocation or compensation by the other; (10) the ability of the spouse seeking alimony to become self-supporting; (11) the circumstances which lead to the breakdown of the marriage; and (12) any other factor the court deems just and equitable. [Annotated Code of Maryland; Family Law, Title 11, Section 11-106].
Here is Virgina law:
VIRGINIA SPOUSAL SUPPORT: Either spouse may be awarded maintenance, to be paid in either a lump sum, periodic payments, or both. The factors for consideration are: (1) the ability and time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity; (2) the standard of living established during the marriage; (3) the duration of the marriage; (4) the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently; (5) the contribution of each spouse to the marriage, including services rendered in homemaking, child care, education, and career building of the other spouse; (6) the tax consequences to each spouse; (7) the age of the spouses; (8) the physical and emotional conditions of the spouses; (9) the educational level of each spouse at the time of the marriage and at the time the action for support is commenced; (10) the property of the spouses; (11) the circumstances which contributed to the divorce; and (12) any other factor the court deems just and equitable. However, permanent maintenance will not be awarded to a spouse who was at fault in a divorce granted on the grounds of adultery, unless such a denial of support would be unjust. [Code of Virginia; Title 20, Sections 20-95, 20-107.1 and 20-108.1].
Now, if you need Child support formulas or calculators let me know.. can get that for you also.
